How Appealing



Wednesday, December 23, 2020

“Trump pardon list including Blackwater and GOP allies clashes with federal execution spree; Trump’s corrosive use of the pardon power and his rush to execute federal death row inmates will cement his presidency as one of the most unjust in history”: Law professor Jessica Levinson has this essay online at NBC News.

Posted at 1:32 PM by Howard Bashman



“Appellate court rejects Orrington church’s appeal on Janet Mills’ gathering limits”: Judy Harrison of The Bangor Daily News has an article that begins, “An Orrington church’s appeal challenging Gov. Janet Mills’ coronavirus-related gathering limits was rejected on technical grounds Tuesday by the 1st U.S. Circuit Court of Appeals in Boston.”

You can access yesterday’s ruling of the U.S. Court of Appeals for the First Circuit at this link.

Posted at 11:32 AM by Howard Bashman



“Diversifying Appellate World Means Starting at the Beginning”: Kimberly Strawbridge Robinson and Perry Cooper of Bloomberg Law have this report.

Posted at 11:26 AM by Howard Bashman



“Mother Forbidden from Mentioning Her Own Name in Criticizing Custody Decision — and the Pa. S. Ct. Upholds This; The Pennsylvania Supreme Court 5-2 majority concludes that the injunction is ‘content-neutral,’ quite erroneously, I think”: Eugene Volokh has this post at “The Volokh Conspiracy” about a decision Pennsylvania’s highest court issued yesterday that Eugene thinks could be reviewed and reversed by the U.S. Supreme Court.

Yesterday’s ruling of the Supreme Court of Pennsylvania consists of a majority opinion, a concurring opinion, and a dissenting opinion.

Posted at 11:05 AM by Howard Bashman



“Challenging police violence . . . while Black: African Americans bear an outsize burden of aggressive policing; And when they try to hold cops accountable for excessive force, the doctrine of qualified immunity reinforces the inequity.” Andrea Januta, Andrew Chung, Jaimi Dowdell, and Lawrence Hurley of Reuters have this report — part four of the Reuters Investigates series “Shielded: How an obscure legal doctrine called qualified immunity protects police accused of excessive force.”

Posted at 11:00 AM by Howard Bashman



“Houston judge Jesse McClure appointed to Texas Court of Criminal Appeals by Gov. Greg Abbott; McClure will replace Judge Michael Keasler, 78, who is retiring at the end of this year”: Emma Platoff of The Texas Tribune has this report.

Posted at 10:52 AM by Howard Bashman



“What Will It Take to Get a Black Woman on the Supreme Court? The fate of Biden’s campaign promise lies with Georgia.” Irin Carmon has this post at the “Intelligencer” blog of New York Magazine.

Posted at 10:44 AM by Howard Bashman



“Google Chrome Now Blocks Insecure Downloads from Secure Websites; Many Court Website are Insecure; Chrome now blocks download links on How Appealing from insecure court sites”: Josh Blackman has this noteworthy post at “The Volokh Conspiracy.”

For what it’s worth, I agree with Josh that court websites should feature up-to-date security settings. On the other hand, my installed version of Google Chrome claims to be the most current (Version 87), and I am not experiencing any issues with opening links posted at my blog to opinions found on court websites that Josh labels as insecure.

Posted at 9:38 AM by Howard Bashman



Tuesday, December 22, 2020

“Will Biden Use His Powers to Crush the Death Penalty?” Andrew Cohen has this post at the “Intelligencer” blog of New York Magazine.

Posted at 4:32 PM by Howard Bashman



“Supreme Court Clerk Hiring Watch: The Complete Clerk Roster For October Term 2020; With Justice Barrett’s first set of clerks, plus the destinations of the late Justice Ginsburg’s clerks.” David Lat has this post at his new “Original Jurisdiction” Substack site.

Posted at 4:02 PM by Howard Bashman



“Patients, clinic sue Indiana over abortion tissue disposal laws”: Johnny Magdaleno of The Indianapolis Star has this report.

Posted at 1:20 PM by Howard Bashman



“The dissent begins by expressing ‘due respect’ to the majority — and then ends with a well-known literary quote about idiots. Post, at 24, 37 & n.39. It concludes that my opinion in this case is worth ‘nothing.’ Id. at 37.” Ignoring my own advice, perhaps someday someone may wish to take a look at a concurring opinion that Fifth Circuit Judge James C. Ho issued yesterday, appended to his own majority opinion, for a case study on the do’s and don’ts of appellate court collegiality.

Posted at 11:08 AM by Howard Bashman



“Appeals judges affirm lower court’s denial of a new hearing in Loughry case”: Brad McElhinny of West Virginia’s MetroNews has a report that begins, “A federal appeals court has upheld lower court actions in the case of former state Supreme Court Justice Allen Loughry.”

You can access yesterday’s ruling of a partially divided three-judge panel of the U.S. Court of Appeals for the Fourth Circuit at this link. #AppellateTwitter participant Elbert Lin argued the case for the appellant.

And in related news coverage, Lacie Pierson of The Charleston (W. Va.) Gazette-Mail reported last week that “Former justice Loughry released from federal prison.”

Posted at 10:54 AM by Howard Bashman



“Trump Will Face Different Twitter Rules When He Leaves Office; As a public official, Trump tweets with less risk of having his posts taken down or his account suspended; That will change on Jan. 20”: Emily Glazer of The Wall Street Journal has this report.

Posted at 10:20 AM by Howard Bashman



Monday, December 21, 2020

“Virus Hits Federal Death Row, Prompting Calls for Delays in Executions; At least 14 of the roughly 50 men held in the secure facility at the federal penitentiary in Terre Haute, Ind., have tested positive; Staff members involved in executions have also gotten sick”: Hailey Fuchs will have this article in Tuesday’s edition of The New York Times.

Posted at 10:04 PM by Howard Bashman



“State Supreme Court sends case about petition to cancel virus restrictions back to state court”: Sam Karlin of The Advocate of Baton Rouge, Louisiana has a report that begins, “The Louisiana Supreme Court has vacated a judge’s ruling that a petition used by state House Republicans to revoke all of Gov. John Bel Edwards’ coronavirus restrictions is unconstitutional, saying the judge prematurely ruled on the constitutionality of the move.”

You can access today’s per curiam ruling of the Supreme Court of Louisiana at this link.

Posted at 9:35 PM by Howard Bashman



“Fitch to ask U.S. Supreme Court to dismiss lawsuit claiming Jim Crow laws harm public education”: Bobby Harrison of Mississippi Today has this report.

Posted at 9:05 PM by Howard Bashman



“A 14th Amendment Case That Deserves the Supreme Court’s Attention; It’s time to breathe some life back into the Privileges or Immunities Clause”: Damon Root has this post online at Reason.

Posted at 9:03 PM by Howard Bashman



“Texas Challenges Legality of DACA in Latest Bid to End the Program; Judge to revisit case over Obama-era program, leaving young immigrants who benefit from its protections in legal limbo”: Michelle Hackman of The Wall Street Journal has this report.

Posted at 8:31 PM by Howard Bashman